THE LEGISLATIVE BRANCH GUIDED
READING ACTIVITY ANSWERS
Textbook pages 268 – 341
summarizing the Congress
POWERS VESTED IN THE US CONGRESS…
“All legislative powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives…”
- Article I, Section I
The House of Representatives
The Senate
THE HOUSE OF REPRESENTATIVES
435 Members today, and reapportionment distributes representation equally
among the states.
2-year terms for all members of the House of Representatives.
The terms in office are unlimited!
REQUIREMENTS TO HOLD OFFICE IN THE UNITED
STATES HOUSE OF REPRESENTATIVES
 Representatives must be 25 years of age.
 Representatives must have been a resident of the United States for at least 7 years.
 Representatives must be a resident of the state which they represent – although not
necessarily a resident of the district they represent. That’s just customary.
REAPPORTIONMENT
Every ten years, the United States conducts a census. The House of Representatives,
you will recall, has proportional representation. States with more residents get more
representation.
Each decade, when the Census Bureau completes its work, states are assigned a
number of representatives which reflects their portion of the US population. The
number of seats a state gets changes each decade, and the states must redistrict their
territory accordingly.
GERRYMANDERING
Gerrymandering is a term which was
coined to celebrate the peculiar district
of Elbridge Gerry, of Massachusetts.
The peculiar congressional districts which
are drawn up every decade are often
patched together in order to favor
incumbent politicians.
Gerrymandering is not at all a
complimentary term. The practice is
considered undemocratic.
WESBERRY V. SANDERS (1964)
This Supreme Court ruling in 1964 stated that the Constitution demands that in every
state, congressional districts should be of substantially equal populations.
Previously, certain political parties which had strong followings in rural districts simply
created huge districts of rural populations and crowded all urban dwellers into one
or two smaller districts.
In terms of geographic space, it may have looked right; however, the districts were
not representative of states’ populations at all.
FACTS ABOUT UNITED STATES SENATORS
 There are exactly 100 senators today – two for each state in the Union.
 Senators serve a six-year term in office.
 One third of the Senate is elected every two years. This allows the Senate as a
whole to always maintain a veteran majority of leaders with experience
QUALIFICATIONS TO SERVE AS US SENATOR
 All US Senators must be thirty (30) years of age.
 All US Senators must have been residents of the United States of at least nine years.
 All US Senators must be inhabitants of the state in which they run for office.
GIBBONS V. OGDEN (1824)
This 1824 Supreme Court decision affirmed the right of Congress to regulate all
interstate commerce. The case had to do with a state license issued by New York
which granted a monopoly to a steam boat operator on their waterways.
The US Supreme Court ruled that only Congress could regulate trade in such a
fashion, and since Congress was not in the business of granting monopolies to
steamboat companies – or any other businesses for that matter – there should be no
such licenses issued.
The bottom line: Congress had the power to regulate interstate commerce. The states
had no such authority!
CONGRESS’ POWER TO TAX
Congress has the power to “lay and collect Taxes, Duties, imposts, and excises to pay
debts and provide for the common defense and general welfare of the United
States”
- Article I, Section 8, Clause 1
THE
TH
16
AMENDMENT TO THE CONSTITUTION
CONGRESS’ POWERS OVER WARFARE
 Congress has the power to declare war – not the President. Unfortunately, the
Congress has more or less ceded this right to the President since World War II and
the advent of the atomic bomb.
 Nevertheless, only Congress has the power to raise an army, to pay the soldiers,
and to provide for all the needs of that army.
 Congress provides and maintains the Navy.
 Does the President have the power to make war without the Congress’ permission.
The Constitution says “no,” but history says “yes.”
 The War Powers Act at least requires the President explain his actions immediately
and gives him 60 days to end the conflict. In the mean time, Congress will either
agree to a longer commitment of US Forces or end the commitment.
THE NECESSARY AND PROPER CLAUSE
Congress has the power to –
“Make all laws which shall be necessary and proper for carrying into Execution the
foregoing powers, and all other Powers vested by this Constitution in the Government
of the United States, or in any Department of Officer thereof.”
- Article I, Section 8, Clause 18
This allows the Congress to make substantial laws – whatever is necessary and proper
– whatever that means!
NON-LEGISLATIVE POWERS
1. Electoral Duties of the Congress
2. Impeachment
3. Executive Powers of the Congress
4. The Power to Investigate
5. Amendments
CONGRESS’ ELECTORAL DUTIES
1. Congress may be called upon to elect the President if no candidate wins the
Electoral College vote.
2. The Senate may choose a Vice President under similar circumstances.
3. House members are on the list of Presidential successors.
4. When resignations occur, Congress must approve successors to fill vacancies.
IMPEACHMENTS
The much hated Andrew Johnson was
impeached by Congress in the 1860s for
violating a trumped up charge: breaking
the Office of Tenure Act.
He was put on trial by the Congress, but
not removed from office.
IMPEACHMENTS: BILL CLINTON
Bill Clinton was impeached towards the
end of his second term in office for lying
to Congress about his marital infidelities
while he was President of the United
States.
His affair with Monica Lewinsky was not
the issue. The issue was lying to
Congress.
Congress never came close to removing
Clinton from office. If anything, he
emerged from the proceedings more
popular than ever.
RESIGNATION: NIXON
Richard Nixon was the President who
actually committed a crime while in
office, and he wasn’t impeached at all.
Nixon didn’t give Congress time to
impeach him. He would have been
impeached – and definitely would have
been removed from office as well.
But in 1974, Nixon simply saved us all
the trouble by resigning from office.
EXECUTIVE POWERS OF THE CONGRESS
 Remember, the President is the leader of the executive branch… The Senate,
though, has a couple of executive powers over the President.
1. The Senate gets to confirm any major appointments to the President’s Cabinet or
to the Supreme Court… In general, Cabinet Appointments of the President are
affirmed; however nominations to the Supreme Court receive much more oversight
from the Congress.
2. The Senate must ratify treaties which the President negotiates. Think this isn’t
important. Ask President Woodrow Wilson, whose 14-Point Plan and Treaty of
Versailles was never ratified!
CONGRESS’ POWERS OF INVESTIGATION
Congress can subpoena witnesses to investigate matters as is sees fit. Usually this is
to gather information for laws, but it may also be to oversee the operations of other
branches of the government, to focus public attention on certain issues, or to expose
the behavior of certain public officials to the people.
The House Un-American Activities Committee
The Investigation into Watergate
The Investigation into the Iran-Contra Affair
Anti-Trust Issues
STANDING COMMITTEES IN THE HOUSE OF
REPRESENTATIVES
1. Armed Services Committee
2. Foreign Affairs Committee
3. Veterans Affairs Committee
4. Energy and Commerce Committee
5. Homeland Security
STANDING COMMITTEES OF THE US SENATE
1. Armed Services Committee
2. Budget Committee
3. Finance Committee
4. Foreign Relations Committee
5. Health, Education, Labor, and Pensions Committee